Fliplearn Education Private Limited vs Designmate (India) Private Limited & ... on 28 July, 2021

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Delhi High Court - Orders

Fliplearn Education Private Limited vs Designmate (India) Private Limited & ... on 28 July, 2021

Bench: Sanjeev Narula

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      ARB.P. 682/2021
       FLIPLEARN EDUCATION PRIVATE LIMITED                 ..... Petitioner
                          Through:     Mr. Aditya Dewan, Advocate with
                                       Mr. Satendra K. Rai and Mr. Pravar
                                       Misra, Advocates.
                          versus

       DESIGNMATE (INDIA) PRIVATE LIMITED & ANR.
                                              ..... Respondents
                          Through:     None.

       CORAM:
       HON'BLE MR. JUSTICE SANJEEV NARULA
               ORDER

%              28.07.2021

[VIA VIDEO CONFERENCING]

I.A. 9116/2021 (for exemption from filing original documents and fair typed copies of illegible/dim documents)

1. Exemption is granted, subject to just exceptions.

2. The Petitioner shall file original documents, which are in its possession, within two weeks from today.

3. The Petitioner shall file fair typed/ legible copies of any document which is dim/ illegible, on which they may seek to place reliance, at least one week prior to the next date of hearing.

ARB.P. 682/2021 Page 1 of 3

4. Accordingly, the application stands disposed of.

I.A. 9117/2021 (seeking exemption from filing duly attested/ notarized affidavits)

5. The present application under Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') on behalf of the Petitioner seeks exemption from filing duly attested/notarized affidavits.

6. The application is allowed, subject to the Plaintiff filing the exempted documents within two weeks from the day the facility for attestation of affidavits is resumed.

7. The application stands disposed of.

I.A. 9142/2021 (for delay in re-filing the present petition)

8. For the grounds and reasons stated therein, the application is allowed. The delay of 41 days in re-filing the present petition, is condoned.

9. The application stands disposed of.

ARB.P. 682/2021

10. The Petitioner by way of the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeks appointment of a Sole Arbitrator for adjudication of disputes that have arisen under the Pledge Agreement dated 13th December, 2019. The notice of invocation was issued on 15th February, 2021. The Respondent did not accede to Petitioner's ARB.P. 682/2021 Page 2 of 3 request and instead called upon the Petitioner to withdraw the invocation notice.

11. Issue notice to all the Respondents by all permissible modes, upon filing of process fee by the Petitioner, returnable on 22nd September, 2021.

SANJEEV NARULA, J JULY 28, 2021 nd ARB.P. 682/2021 Page 3 of 3

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Delhi High Court - Orders